At common law there was a rule that owners and occupiers of land owed no duty to road-users to take reasonable care to prevent their animals straying onto a highway. The rule dates back to medieval England when unfenced land made it difficult to control grazing stock and road-users were responsible for their own care.
Terms of Reference
The Commission was asked to consider and report on whether there should be any change to the law relating to liability for loss caused by stock straying on to the highway.
Outcomes
Due to developments in the case law on this subject, the matter was referred to the Commission again in 1978 [see Project 11(II)].
